Written by attorneys · grounded in primary & secondary sources — see below
A minor violation of a rule, ordinance, or legal duty, typically not punishable by incarceration.
Sources & Authorities· 38 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Attorney Certification Breach
Ivy Ibarra's counsel signed broad discovery objections without reviewing any files or conducting searches. The court determined the signature constituted an infraction of certification duties. It imposed sanctions on the attorney and firm under the applicable rule.
Unauthorized Practice Attempt
Ilana Isaacs, admitted only in State A, opened an office in State B and advised clients there on local matters. State B authorities identified the conduct as an infraction of admission rules. They barred her from further practice in the jurisdiction.
Israel Irving left his principal's employment and used pricing data acquired during the agency to undercut the principal's bids. The principal sued for breach of the duty of confidentiality. The court held the use constituted a minor infraction even though the data did not concern Irving's specific assignments.
Landlord Repair Failure
Imani Idowu leased an apartment with a known leaking roof that violated the implied warranty of habitability. After the landlord failed to repair it, a tenant's guest fell through weakened ceiling plaster. The landlord faced liability because the failure constituted an infraction under the governing property rule.
Chattel Control Violation
Ira Irving borrowed a neighbor's specialized camera under strict limits on its use. He instead employed it for commercial filming that exceeded the authorization. The neighbor recovered damages because the unauthorized use constituted a minor infraction of the right of control.
Unconstitutional Search Evidence
Imran Iyer's home was searched without a warrant or probable cause. Officers seized documents later offered against him in state court. The trial court excluded the evidence because the search constituted a minor infraction of Fourth Amendment protections made applicable to the states.
Common questions
Frequently Asked
3
How does an infraction differ from a crime?+
An infraction is typically a minor violation of a rule or ordinance that does not carry the possibility of incarceration, whereas crimes are classified as felonies or misdemeanors that may result in imprisonment.
Supporting sources
Can an infraction trigger sanctions against an attorney or firm?+
Yes. When an attorney commits an infraction of certification requirements by signing discovery papers without reasonable inquiry, the court may impose sanctions on the attorney, the law firm, or both.
Supporting sources
Does an infraction of an agency duty extend beyond the specific transaction?+
Yes. An agent commits an infraction by using confidential information acquired during the agency even when the information does not relate to the particular transaction in which the agent was employed.
5 U.S. (1 Cranch) 137 (1803)Property
…States is a government of laws and not of men; it will cease to deserve that appellation if the laws furnish no remedy for the violation of vested legal rights. The question is whether this case can be arranged with damnum absque injuria (a loss without an injury) or whether the act of delivering or withholding a commission…